Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Myanmar

Hours of Work (Industry) Convention, 1919 (No. 1) (Ratification: 1921)
Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1923)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry) and 14 (weekly rest in inudstry) together.

1.Hours of work.

Articles 1 and 2 of Convention No. 1. Implementing legislation – Scope of application. Following its previous comments, the Committee notes the 2016 amendment to the Factories Act of 1951. It notes that, while under section 2(m) as amended in 2016, a higher number of industrial workers is included in the scope of application of the Factories Act than in its previous version, there are still workers covered by the Convention who are excluded from the scope of application of the Factories Act. The Committee also notes that in its report, the Government does not indicate which legal provisions regulate the hours of work of workers working in factories that are currently excluded from the scope of application of the Factories Act. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the requirements of the Convention are applied to all categories of workers included in its scope of application. It requests the Government to provide a copy of the consolidated text (with all amendments) of the Factories Act as well as the text of any other relevant law, if such law exists.

Articles 2 and 6 (2). Limits to normal hours of work. Limits to overtime. The Committee notes that, in response to the observations of the International Trade Union Confederation that workers in the Hlaing Thar Yar industrial zone often have to work far longer hours than legally permitted, the Government merely indicates that sections 59 and 62 of Factories Act, as amended in 2016, provide that no adult worker shall be required or allowed to work in a factory for more than 44 hours in a week and 8 hours in a day. In this respect, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the limits on normal hours of work currently laid down in the legislation are effectively applied in practice.

In addition, the Committee notes that section 70 (2) (a), (b), (c), (d), (f) and (g) and section 71(2) of the Factories Act provide for temporary and permanent exceptions to weekly and daily working hours’ limits (sections 59 and 62 of the Factories Act). It also notes that section 70(4) and (5) of the Factories Act provides that, in making rules under this section, the President shall prescribe the maximum limits for the weekly hours of work for all classes of workers, and that any exemption given shall be subject to such limits. Noting that the Government has not communicated any regulations concerning limits to overtime, the Committee requests the Government to indicate which are the limits to the additional hours allowed in the cases of these exceptions. It also requests the Government to provide a copy of the regulations adopted under section 70(4) and (5) of the Factories Act.

2.Weekly rest.

Article 2(1) of Convention No. 14. Implementing legislation – Scope of application. The Committee refers to its comments on the scope of application of the Factories Act made under the equivalent provision of Convention No. 1.